795.00/8–651
Memorandum by the Deputy Director of the Office of Chinese Affairs (Perkins) to the Assistant Secretary of State for Far Eastern Affairs (Rusk)1
Subject: Ambassador Jessup’s Suggestion Regarding “Outlawry” of Communist Forces in Korea
Without attempting to evaluate the advantages and disadvantages of Ambassador Jessup’s suggestion in the underlying memorandum of [Page 824] August 62 that if Communist forces in Korea refuse to conclude an armistice and resume full scale attacks, these forces be “outlawed” by the United Nations, CA would point out that the action suggested, if taken, would seem largely to eliminate any future possibility of arriving at a negotiated settlement of the Korean fighting. Having declared the Communist forces in Korea and all persons giving them assistance or support, guilty of a crime against international peace and security and having pledged itself to hold such “criminals” responsible and to bring them to justice, the United Nations would in all probability find it impossible to abandon this pledge. On the other hand, it is scarcely possible that in circumstances short of unconditional surrender the Chinese Communist regime would accept responsibility for a crime against international peace and security or permit its officers and men engaged in operations in Korea to be brought to justice. Although possibilities of any resumption of negotiations respecting settlement in Korea following breakdown of present negotiations and large scale Communist attack would appear slight, the fact that the course of action suggested would tend to close the door to such negotiations definitively, would probably result in strong opposition to the proposal in the United Nations. Furthermore, the psychological effect on the enemy in Korea of action along the suggested lines would probably be increased determination and will to resist rather than the contrary.
An alternative form of action which the U.N. might take without the disadvantages described above would be to call upon all members to withdraw diplomatic representation from Peiping until such time as the regime ceases its defiance of the U.N. and its aggression in Korea.